[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 2-15-1989 by L.L. No. 3-1989 (Part I, Subpart 12,
of the 1964 Code); amended in its entirety 3-27-1996 by L.L. No. 4-1996. Subsequent amendments noted where applicable.]

Words used in the present tense shall include the
future; and words used in the singular number shall include the plural,
and the plural the singular, unless the context clearly indicates
the contrary.

Unless the context clearly indicates the contrary,
where a regulation involves two or more items, conditions, provisions
or events connected by the conjunction "and," "or" or "either...or,"
the conjunction shall be interpreted as follows:

Any ordinary industrial, store or household trash such as
metal chips or shavings, tires or tubes, barrels, cartons, boxes,
crates, furniture, rugs, clothing, rags, mattresses, blankets, small
tree trimmings, leaves, grass clippings, weeds, small stumps and similar
garden waste, large dead animals or vegetable matter originally intended
for animal consumption, planing mill waste, shavings, sawdust and
such other materials or objects which may be discarded by a person.

Gross square feet, the sum of enclosed areas on all floors
of a building or buildings measured from the outside faces of the
exterior walls, including halls, lobbies, arcades, stairways, elevator
shafts, enclosed porches and balconies and any below-grade floor areas
used for access and storage. Not countable as floor area are open
terraces, patios, atriums, balconies, breezeways or parking garages.

The Bureau of Fire Prevention shall consist of the
Town of Poughkeepsie Fire Inspector and Deputy Fire Inspector, if
any, the Town Building Inspector or his designee, along with one representative
from the Arlington Fire District, the Fairview Fire District and the
New Hamburg Fire District as designated by each district, all of whom
shall be permanent members of the Committee and shall be voting members.
Said individuals listed in this paragraph shall sit in on any and
all deliberations of this board.

The three members of the community at large shall
be appointed by the Town Board for three years to be computed from
the term of office which is from January 1 to December 31; however,
the initial appointment shall be for one, two and three years respectively,
and thereafter the vacancy shall be filled by the three-year appointments.

The Town shall not be responsible for payment of salary
or benefits to any Assistant Fire Inspector. Such Assistant Fire Inspectors
or their designee shall be, at the time of their appointment, New
York State certified in fire codes and enforcement as required by
19 NYCRR 435.5 or any amendment thereto or shall be enrolled in a
New York State certification program or, according to the discretion
of the appointing party, shall be granted a reasonable time to become
enrolled in such certification program. The Fire Inspector and Deputy
Fire Inspector for the Town of Poughkeepsie and the three appointed
representatives will be certified code enforcement officers as required
by 19 NYCRR 435.5(a) or any amendment thereto.

The Bureau of Fire Prevention shall elect its own
Chairman who shall serve for a period of two years; provided, however,
that the Town Board members sitting on this Bureau shall not be eligible
for said Chairmanship, and no nonvoting members shall be chairman.

In the absence of the Fire Inspector of the Town of
Poughkeepsie, a Deputy Fire Inspector, who is an employee of the Town
of Poughkeepsie, designated by the Town Board, shall be the Acting
Fire Inspector.

All Assistant Fire Inspectors shall hold office at
the pleasure of the Town Board and may be removed at the request of
the Board of Fire Commissioners of their respective district, but
only after a hearing upon five days' written personal notice. Inspectors
shall hold office at the pleasure of their appointing officers.

Meetings of the Bureau of Fire Prevention shall be
held at the call of the Fire Inspector, who shall call such a meeting
whenever, in his or her opinion, it is necessary or upon the request
of two members of the Bureau. Three members shall constitute a quorum
for the transaction of business, but a fewer number may adjourn a
meeting to a subsequent date.

The means and adequacy of exits, in case of fire,
from factories, schools, hotels, lodging houses, asylums, hospitals,
churches, halls, theaters and all other places in which numbers of
persons are employed, live or congregate from time to time for any
purpose.

The Bureau of Fire Prevention shall have the power
to modify any provisions of the fire prevention code upon application,
in writing, by the owner or lessee or his or her duly authorized agent
when there are practical difficulties in the way of carrying out the
strict letter of the code, provided that the spirit of the code shall
be observed, public safety secured and substantial justice done. The
particulars of such modification, when granted or allowed, and the
decision of the Bureau of Fire Prevention thereon shall be entered
upon the records of the Department, and a signed copy shall be entered
upon the records of the Department, and a signed copy shall be furnished
to the applicant. Said Bureau of Fire Prevention shall have jurisdiction
only over those requirements which are more stringent than the State
Uniform Code. In no event or any waiver or modification be approved
which does not conform to the minimum standard of said Uniform Code.

The Fire Inspector and the Deputy Fire Inspector shall
have such other powers and perform such other duties as are set forth
in other sections of this chapter and as may be conferred from time
to time by law.

The grounds for an application of a variance or a
waiver from the provisions of this chapter which are not addressed
by the New York State Uniform Code shall include but not be limited
to the following:

Time to appeal. Appeals must be served not more than
90 days from the date of the municipality's determination involving
the applicant's requirement to comply with the provisions of this
chapter. Said ninety-day period shall commence with service of notification
of violation of the order or adverse decision from the Board of Review,
which shall be served by regular mail at the applicant's last known
address.

The Bureau of Fire Prevention, as herein constituted,
acting upon a majority vote, must render its decision in writing within
30 days from the conclusion of the hearing, and it shall be the applicant's
burden to establish its entitlement to a waiver of the provision being
appealed.

The Fire Inspector or Deputy Fire Inspectors
of the Town of Poughkeepsie or any Town Inspector may, at all reasonable
hours or at any time he or she or they may have reason to believe
that a fire hazard may exist, enter any building or premises within
his or her jurisdiction, except the interior of a private dwelling,
for the purpose of making any inspection or investigation which, under
the provisions of this chapter, he, she or they may deem necessary.

The Fire Inspector or Deputy Fire Inspectors
of the Town of Poughkeepsie or any Town Inspector specially designated
thereto shall inspect, as often as the Fire Inspector or Assistant
Fire Inspectors may consider necessary, all hazardous manufacturing
processes, storage or installation of gases, chemicals, oils, explosives
and flammable materials, all interior fire alarms and automatic sprinkler
systems and such other hazards or appliances as the Fire Inspector
shall designate and shall make such orders as may be necessary for
the enforcement of the laws and ordinances governing the same and
for the safeguarding of life and property from fire.

The Bureau of Fire Prevention, in consultation with
the Town of Poughkeepsie Police Department, shall recommend to the
Town Board, Town of Poughkeepsie, any areas to be designated fire
zones and/or fire lanes at, on or near any interior street, roadway,
driveway or parking area in which any obstruction due to the parking
or placing therein of any automobile, truck, motor vehicle or any
other physical object or material will cause interference with the
ingress and egress of fire-fighting equipment or which will create
a condition dangerous to life or property in the event of fire or
similar emergency. Said Town Board shall thereafter by resolution
cause such areas to be marked with standard signs and/or such other
markings and signs which conform to accepted sign standards as set
forth in the New York State Manual of Uniform Traffic Control Devices
and which are deemed necessary and proper. However, no such area shall
be designated which will eliminate any parking units lawfully existing
prior to the passage of this chapter, the elimination of which would
create a nonconformity as to the number of required parking units
at a location. Said signs and markings shall be installed by and at
the expense of the owner of the property within 90 calendar days after
receipt of official notice by the Fire Prevention Bureau designating
and depicting areas and locations of such signs and markings. In the
event that any owner refuses or fails to install any and all required
signs and markings within 90 calendar days of receiving said official
notice, the Highway Department of the Town of Poughkeepsie shall promptly
perform the required work, and the Town Board may provide for the
assessment of all costs and expenses so incurred by the Town, in connection
with any action taken as above, to become a lien against the land
on which such signs and markings are located.

Penalties for offenses regarding fire zones and lanes. Any person or persons, firm, partnership or corporation violating the provisions of this section, § 110-7 or § 110-8 of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment of up to 15 days, or both, for each offense. For each day in which a violation of this section, § 110-7 or § 110-8 of this chapter remains, it shall be considered a separate offense.

Hydrants and standpipes. Notwithstanding and not in
limitation of any other provision hereof, no automobile, truck or
other motor vehicle and no physical object or material of any nature
shall be parked, placed or permitted to remain within 15 feet in any
direction from any fire hydrant located at, on or near any interior
street, roadway or driveway within any residential, commercial or
industrial premises. A minimum clearance of six feet in any direction
from fire standpipe and sprinkler siamese connections shall be maintained
at all times to allow the Fire Department adequate access to the same.

Hydrants. Any property owner, other than the resident,
who has a fire hydrant on his or her private property shall ensure
that said hydrant is operable and shall ensure that the water to and
from, including water to the next adjacent property owner, flows free
and unrestricted and shall be responsible for the repair and maintenance
of said system. All newly constructed fire hydrants shall be no more
than 500 feet apart and so located that buildings to be protected
can be reached by an effective stream of water with hose not exceeding
500 feet in length. A report of compliance shall be filed with the
Fire Inspector of the Town of Poughkeepsie on or before May 1 of each
year. This section does not apply to fire hydrants located on Town
easements or Town rights-of-way.

Enforcement of fire zones and lanes. The parking or placing of any motor vehicle or any other object or material within any area designated as a restricted fire zone or lane so as to obstruct access over, across or through such restricted fire area shall be a violation of this chapter. In addition to the penalties set forth in Subsection B, the Fire Inspector or the Police Department shall have authority to have any motor vehicle, object or material in violation of this chapter towed or otherwise removed at the owner's expense.

In any structure designated as a multiple dwelling,
there shall be no electrical cooking apparatus per state code or charcoal-burning
or liquid-propane-gas-fired portable cooking apparatus used or stored
inside any structure or used or stored within 10 feet of any structure.

Where the owner or lessee of property located in the
Town of Poughkeepsie can demonstrate good cause therefor, the Fire
Inspector of the Bureau of Fire Prevention may issue a permit for
the placing of specific objects or materials at a specific location
in or upon a fire zone or fire lane adjacent to his or her property.

Such permit shall be issued only after application has been made to the Fire Inspector of the Fire Prevention Bureau on the forms provided by him or her and an application fee as provided in Chapter 105, Fees, has been paid. Copies of all permits shall be forwarded immediately to the Town of Poughkeepsie Police Department and the Fire Department having jurisdiction over the site.

No permit may be for longer than one week, except
that upon written request of the permit holder, the Fire Inspector
of the Fire Prevention Bureau may renew such permit for as many one-week
periods as he or she shall deem necessary at no extra cost to the
applicant.

The Fire Inspector, Deputy Fire Inspectors, Building
Inspector, Deputy Building Inspectors or Plumbing Inspectors, provided
that they are employees of the Town of Poughkeepsie, are authorized,
in all instances in which such officials are empowered to enforce
a law or ordinance of the Town of Poughkeepsie, to issue summonses
returnable within 30 days in the Town Justice Court for any violation
of any provision of the Code of the Town of Poughkeepsie under their
respective jurisdictions. The term "summons," as used herein, shall
include an "appearance ticket" within the meaning of § 150.10
of the Criminal Procedure Law of New York State.

The Fire Inspector, the Deputy Fire Inspectors, Building Inspector, Deputy Building Inspectors or Plumbing Inspector of the Town of Poughkeepsie shall, however, be required to give written notice of the existence of any violation of any law or ordinance of the Town of Poughkeepsie prior to issuing a summons, where such notice is required by said law or ordinance, except as provided in Subsection C below.

Notwithstanding the provisions of Subsection B above, when, in the opinion of the Fire Inspector, Building Inspector, Deputy Building Inspectors or Plumbing Inspector, a violation exists which creates an imminent threat to the life or health of any individual or property or where construction, renovation, repairs or other work is being performed without a license or permit and under the laws and ordinances of the Town of Poughkeepsie a license or permit is required prior to the commencement of such work, a summons may be issued immediately, notwithstanding any provision for prior written notice.

The form of the summons issued by the Fire Inspector,
Deputy Fire Inspectors, Building Inspector, Deputy Building Inspectors
or Plumbing Inspectors, provided that they are employees of the Town
of Poughkeepsie, pursuant to this chapter shall be governed by the
Criminal Procedure Law and the Uniform Justice Court Act of the State
of New York and shall be subject to approval by the Town Board. The
content of such summons and the method of prosecution thereunder shall
at all times be subject to the Criminal Procedure Law and the Uniform
Justice Court Act of the State of New York.

It shall be the duty of the Fire Inspector and Deputy
Fire Inspectors of the Town of Poughkeepsie to inspect or cause to
be inspected by the Inspectors of the Bureau of Fire Prevention, as
often as may be considered necessary, any building or premises, except
the interiors of private dwellings, for the purpose of ascertaining
and causing to be corrected any conditions liable to cause fire or
any violations of the provisions or intent of any New York State law
or any ordinance of the Town affecting the fire hazard.

Whenever any Inspector, as defined above, shall find
in any building or upon any premises combustible or explosive matter
or dangerous accumulations of rubbish or unnecessary accumulation
of wastepaper, boxes, shavings or any highly flammable materials,
and which is so situated as to endanger property, passageways, fire
escapes, doors or windows, or liable to interfere with the operations
of the Fire Department or egress of occupants in case of fire, he
or she shall order the same to be removed or remedied.

The Fire Inspector of the Bureau of Fire Prevention,
a Deputy Fire Inspector or an Inspector of the Town of Poughkeepsie,
whenever he, she or they shall deem it necessary, shall inspect all
buildings and premises within their jurisdiction. Whenever any of
said officers shall find any building or other structure which, for
want of repairs, lack of sufficient fire escapes, automatic or other
fire-alarm apparatus or fire-extinguishing equipment or by reason
of age or dilapidated condition or from any other cause, is a fire
hazard and which is so situated as to endanger other property or the
occupants thereof and whenever such officer shall find in any building
combustible or explosive matter or flammable conditions dangerous
to the safety of such buildings or the occupants thereof, he, she
or they shall order such dangerous conditions or materials to be remedied
or removed.

The service of such orders as mentioned in §§ 110-9, 110-10, 110-11 and 110-12 may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of the same to such occupant personally or by delivering the same to and leaving it with any person who is apparently in charge of the premises or, in case no person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to any entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with said person a copy of said order or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address. In the event that the owner of the property is not personally served with an order as herein described, then, in addition to the above-stated procedure, a copy shall be mailed to said owner, at his or her last known address, by certified mail, return receipt requested.

Any such order shall be complied with by the owner
or occupant of such premises or building within the time fixed in
said order. If such order is made by the Fire Inspector of the Bureau
of Fire Prevention, Deputy Fire Inspector or any Building Inspector
or designee, such owner or occupant may within 48 hours appeal from
such order to the Bureau of Fire Prevention of the Town of Poughkeepsie
by filing his or her appeal, with the reasons therefor, with the Fire
Inspector. The Bureau of Fire Prevention shall, within five days after
the filing of such appeal, review such order and file its decision
thereon, and unless such order is revoked or modified, it shall remain
in full force and be complied with within the time fixed in the order,
which time shall be construed to run from the date of filing of the
decision of the Bureau of Fire Prevention; provided, however, that
any such owner or occupant may, within five days after the service
of any such order or within five days after the filing of the decision
of the Bureau of Fire Prevention on any appeal from such order, file
his or her petition with a court of competent jurisdiction, praying
for a review of such order.

Such parties so appealing to the court shall file
with said court within two days a bond in an amount to be fixed by
the court, to be approved by the court, conditioned to pay all costs
of such appeal in case such appellant fails to sustain his or her
appeal or the same is dismissed for any cause.

The Bureau of Fire Prevention may promptly cause an
investigation of the cause, origin and circumstances of every fire
occurring in its jurisdiction in which a person has been injured or
by which property, to a value of not less than $1,000, has been destroyed
or damaged or which involves an unusual substance causing a potential
risk to the health, safety or welfare of the public. If it appears
to the person making such an investigation that such fire is of suspicious
origin, the Fire Inspector shall be immediately notified of the facts;
he or she shall notify the proper authorities designated by law to
pursue the investigation of such matters and shall further cooperate
with the authorities in the collection of evidence and in the prosecution
of the case. Every fire, as defined above, shall be reported in writing
to the Bureau of Fire Prevention within two days after the occurrence
of the same, by the officer in whose jurisdiction such a fire has
occurred. Report shall be in such form as shall be prescribed by the
Town of Poughkeepsie Fire Inspector and shall contain a statement
of all facts relating to the cause, origin and circumstances of such
fire and extent of the damage thereof and the insurance upon such
property and such other information as may be required, on forms provided
by the Bureau.

It shall be unlawful for any business, corporation
or person, or the agents, servants or employees thereof, to engage
in the installation of oil-, gas- and LP-gas burning equipment without
first having obtained a permit from the Fire Inspector.

All applications for permits shall be made on forms
and in such detail as the Fire Inspector shall prescribe and shall
be accompanied by such plans and supplementary materials as are necessary,
in the view of the Fire Inspector, to evaluate the application.

Oil-, gas- and LP-gas burning equipment shall be installed
in accordance with generally accepted standards and in accordance
with the New York State Fire Prevention Code, Residential Code, Fuel
and Gas Code, and Building and Mechanical Code.

It shall be unlawful for any individual or firm to
install new or replacement oil, gas and/or LP gas heat-producing equipment
in the Town of Poughkeepsie unless that individual or firm is licensed
by the Fire Inspector to make such installations.

A contractor applying for a license for the installation
of gas, oil or LP gas heat-producing equipment shall present satisfactory
proof to the Fire Inspector that he or she is competent to make such
installation and has been engaged in the installation of such equipment
for a period of at least four years prior to the date of the application,
or equivalent, and supply the Fire Inspector with a list of at least
10 previous installations and pass an examination designated by the
Fire Inspector of the Town of Poughkeepsie.

Fees for licenses and for their annual renewal shall
be in accordance with the fee schedule promulgated by the Fire and
Building Inspectors with the approval of the Town Board of the Town
of Poughkeepsie.

The obligation to obtain a permit prior to the installation
of oil-, natural-gas- and liquid-petroleum-gas burning equipment shall
be satisfied if the permit is obtained within 72 hours of the installation
for any installation taking place on weekends, holidays, or nonbusiness
hours of the issuing officer.

No person shall ignite or burn papers, rubbish, leaves, wood, wood
products, petroleum, petroleum derivatives or distillate or any other
combustible or flammable material in an open fire at any place within
the Town of Poughkeepsie.

An "open fire" within the meaning of Subsection A shall mean and include any bonfire or fire of paper, rubbish, leaves, wood, wood products, petroleum, petroleum derivatives or distillate or any other combustible or inflammable material which is not contained in and confined by a basket, rack or wall of nonflammable material.

Notwithstanding the provisions of Subsections A, B, and C, upon the issuance of a permit from the New York State Department of Environmental Conservation and a subsequent permit from the local fire district, restrictive burning will be allowed for ceremonial fires and bonfires sponsored by charitable institutions, not-for-profit corporations, religious organizations, political groups and social clubs, subject to the terms and conditions set forth on the above-cited permit. In addition thereto, restrictive burning will be allowed for land clearing wastes consisting of wood, trees, tree trimmings, leaves or brush generated by construction of a structure or construction of a recreational area or park, provided that such burning is done on site at an appropriate designated burning area, after a permit has been issued by the New York State Department of Environmental Conservation and a subsequent permit has been issued by the local fire district and a resolution consistent with the public health, safety and welfare has been adopted by the Town Board of the Town of Poughkeepsie authorizing said burning subject to the terms and conditions set forth on either permit and/or within the resolution of the Town Board.

Notwithstanding the provisions of Subsections A, B, C and D, the Town Board of the Town of Poughkeepsie, subsequent to the issuance of a permit by the New York State Department of Environmental Conservation and a subsequent permit issued by the local fire district, shall have the authority, under special circumstances consistent with the public health, safety and welfare, to authorize the burning of trees, tree trimmings, leaves, brush or Christmas trees which are accumulated as an act of God, storm damage or Christmas tree disposal, and said Town Board, upon issuance of said resolution, may authorize a designated burning area for such controlled burning, subject to the terms and conditions set forth on any permit and/or in the resolution of the Town Board.

Notwithstanding compliance with the above-cited provisions, the Fire
Department having jurisdiction over the fire site will retain jurisdiction
to determine whether or not the fire is being conducted safely and
in such a manner so as not to jeopardize the public health, safety
and welfare, and said Fire Department can cause said fire to be extinguished
and the permit revoked if, in the determination of said Fire Department
or its agents, servants or employees, said fire or proposed fire would
be a public danger or a threat to the public health, safety and welfare.

It shall be the duty of the Assistant Fire Inspectors
of the Bureau of Fire Prevention in their respective districts, and
Fire Inspector of the Bureau of Fire Prevention in the unprotected
areas of the Town, to require teachers of private and parochial schools
and educational institutions to have at least one fire drill semiannually
and to keep all doors and exits unlocked during school hours and to
comply with all laws of the State of New York. A report of all such
fire drills shall be filed by the person in charge of such drills
with the Bureau of Fire Prevention on forms to be supplied by said
Bureau.

The annual report of the Bureau of Fire Prevention
shall be made on or before the 15th day of January and transmitted
to the Town Supervisor. It shall contain all proceedings under this
chapter, with such statistics as the Bureau may wish to include therein.
The Bureau of Fire Prevention shall also recommend to the Town Board
amendments to the ordinances or codes which, in its judgment, shall
be desirable and shall be consistent with the New York State Uniform
Fire Prevention and Building Code.

Any person or persons, firm or corporation violating any of the provisions of this chapter, excepting such offenses as are described in § 110-6B as violations, or neglecting to comply with any order issued pursuant to any section thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000 for each offense. Each day that said violation is permitted to exist beyond the period fixed in the order so issued shall be a separate offense. In default of payment, said offender shall be imprisoned not to exceed 30 days for each offense. This section shall not be applicable to any failure to comply with the provisions of § 110-14 of the Fire Prevention Bureau.

In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board.

This chapter shall take effect upon filing with
the Secretary of State's office, and upon said effective date of this
chapter, the local law known as "Fire Prevention Code, Subpart 12,
of the Local Laws of the Town of Poughkeepsie," known as "Local Law
No. 4 of 1975," as amended, shall be and the same is hereby repealed.